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Arkansas Court Asked To Weigh In On Albert Pike Cases

The Associated Press

TEXARKANA, Ark. — A federal judge has asked the Arkansas Supreme Court to weigh in on multiple civil lawsuits filed by relatives of the 20 people killed in flash floods at a southwest Arkansas campground.

On Monday, U.S. District Judge Susan Hickey halted proceedings in 11 separate suits over the 2010 flooding at the Albert Pike campground, which is operated by the U.S. Forest Service. The Texarkana Gazette reported that Hickey wants the state’s highest court to interpret the word “malicious” as used in the Arkansas Recreational Use Statute.

In June 2010, the Little Missouri River rose more than 20 feet in less than four hours, trapping people in the Albert Pike campground and killing 20. Since then, relatives of the victims have sued the U.S. Forest Service, claiming that the campers’ deaths were caused by the agency’s negligence.

The suits accuse the U.S. Forest Service of failing to properly design the campground and failing to warn campers of the risk of flooding, among other allegations.

But the government argues that the Arkansas Recreational Use Statue bars lawsuits against landowners who don’t charge a fee for recreational use. However, the law makes an exception if the landowner “maliciously” fails to warn about conditions or activities known to be dangerous.

In court filings Monday, Hickey noted that the state law doesn’t define the term “malicious.”

“Plaintiffs argue that malicious conduct includes conduct committed in reckless disregard of the consequences, from which malice may be inferred,” she wrote. “The United States asserts that malicious conduct is limited to situations involving actual malice or a desire to harm another.”

David Carter, a lawyer representing the family of a child from Texarkana who died in the flood, said he believes Hickey is doing the right thing.

“Occasionally, a federal court will face an issue that hasn’t been resolved by the state’s highest court,” Carter said. “Judge Hickey is asking for guidance from the Arkansas Supreme Court before she makes further rulings. It is a great example of state and federal courts working together to resolve novel legal issues.”